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Dialogo De Jurisdicoes
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Book Synopsis Diálogo de Jurisdições by : Gustavo Brandão Koury Maués
Download or read book Diálogo de Jurisdições written by Gustavo Brandão Koury Maués and published by Editora Dialética. This book was released on 2024-06-27 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: O pós-guerra alçou o Direito Internacional a um patamar jamais visto como balizador das relações da sociedade internacional e, além disso, como garantidor da existência de mundo. Dessa forma, nasce o Jus Cogens como valores superiores à vontade dos Estados. Qualquer violação a essas normas pode causar responsabilidade internacional do país violador. Entretanto, questiona-se: as Cortes Judiciais têm efetivamente punido os Estados violadores das normas imperativas? Dessa forma, é necessário analisar as decisões das Cortes Internacionais a respeito do tema. Para isso, é preciso, antes, versar sobre o Direito Internacional (conceito, fundamentos, sujeitos, meios de solução de conflitos), discutir a influência da globalização na sociedade internacional e na redefinição de soberania, elucidar o Jus Cogens e a responsabilidade internacional pela sua violação. Por fim, procurou-se avaliar as decisões judiciais da Corte Internacional de Justiça, da Corte Interamericana de Direitos Humanos e do Superior Tribunal de Justiça, a partir da questão da violação de normas imperativas.
Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy
Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Book Synopsis Research Handbook on Compliance in International Human Rights Law by : Grote, Rainer
Download or read book Research Handbook on Compliance in International Human Rights Law written by Grote, Rainer and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook offers an in-depth examination of the most significant factors affecting compliance with international human rights law, which has emerged as one of the key problems in the efforts to promote effective protection of human rights. In particular, it examines the relationships between regional human rights courts and domestic actors and judiciaries.
Book Synopsis The Universal Obligation of Nuclear Disarmament by : Antônio Augusto Cançado Trindade
Download or read book The Universal Obligation of Nuclear Disarmament written by Antônio Augusto Cançado Trindade and published by . This book was released on 2017 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democratic Government and Constitutional Jurisdiction by : Clèmerson Merlin Clève
Download or read book Democratic Government and Constitutional Jurisdiction written by Clèmerson Merlin Clève and published by Rowman & Littlefield. This book was released on 2022-01-24 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country’s institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues.
Book Synopsis The Admirable Adventures and Strange Fortunes of Master Anthony Knivet by : Anthony Knivet
Download or read book The Admirable Adventures and Strange Fortunes of Master Anthony Knivet written by Anthony Knivet and published by Cambridge University Press. This book was released on 2015-09-23 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive, annotated edition in English of Anthony Knivet's 1625 travel account.
Book Synopsis Constitutional Construction by : Keith E. Whittington
Download or read book Constitutional Construction written by Keith E. Whittington and published by Harvard University Press. This book was released on 2009-06-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.
Book Synopsis Recovering Stolen Assets by : Mark Pieth
Download or read book Recovering Stolen Assets written by Mark Pieth and published by Peter Lang. This book was released on 2008 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Development efforts will remain frustrated so long as corrupt leaders continue to steal their countries' wealth and dispose of these ill-gotten gains in foreign jurisdictions. The prevention of such looting, and the recovery of the stolen assets are thus critical development issues and a cornerstone of the United Nations Convention against Corruption (2003) (UNCAC). However, to date experience with asset recovery is limited, and a number of legal and other obstacles continue to impede progress. This is the first comprehensive work on asset recovery, written by renowned practitioners and academics representing different legal systems and countries, all of whom have extensive experience in the asset recovery field. The authors notably discuss the 'success stories' of the past (the recovery of the assets of Sani Abacha, Ferdinand Marcos and Vladimiro Montesinos) and the concrete challenges for the future with regard to search, seizure, confiscation and repatriation of stolen assets. The book also provides perspectives on the role of technical assistance and donors in asset recovery and the likely impact of the UNCAC.
Book Synopsis Borrowing Justification for Proportionality by : João Andrade Neto
Download or read book Borrowing Justification for Proportionality written by João Andrade Neto and published by Springer. This book was released on 2018-11-11 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.
Book Synopsis El diálogo entre los pueblos y las culturas en el marco de las relaciones eurolatinoamericanas by : Carlos Francisco Molina del Pozo
Download or read book El diálogo entre los pueblos y las culturas en el marco de las relaciones eurolatinoamericanas written by Carlos Francisco Molina del Pozo and published by . This book was released on 2005 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Private International Law in BRICS by : Stellina Jolly
Download or read book Private International Law in BRICS written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2024-08-08 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the convergences, divergences and reciprocal lessons that the BRICS countries (Brazil, Russia, India, China and South Africa) share with one another in developing the principles of private international law. The chapters provide a thematic understanding of the cornerstones of private international law in each of the BRICS countries: namely, (1) the procedure to initiate claims in civil and commercial matters, (2) the law that would govern such matters in litigation and arbitration, as well as (3) the mechanism to recognise and enforce foreign judgments and arbitral awards. Written by leading private international law scholars and practitioners, the chapters draw on domestic legislation and its interpretation through cases decided by the courts in each of these emerging economies, and explicitly cover the rules applicable in contractual and non-contractual concerns and issues of choice of court agreements. Issues around marriage, divorce, matrimonial property, succession and surrogacy are also addressed, considering the implication of such aspects through the increased movement of persons. The book is a useful comparative resource for the governments of the BRICS countries, legislators, traders, academics, researchers and students looking for an in-depth discussion of the reciprocal lessons that these countries may have to offer one another on these issues.
Author : Publisher :Bib. Orton IICA / CATIE ISBN 13 : Total Pages :722 pages Book Rating :4./5 ( download)
Download or read book written by and published by Bib. Orton IICA / CATIE. This book was released on with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Why Politics Matters by : Gerry Stoker
Download or read book Why Politics Matters written by Gerry Stoker and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Profound social changes have made governance and political leadership more challenging than ever. The result is that politics in the democratic world faces a crisis in the 21st century. The revised edition of this highly successful text reassesses the gap between citizen expectation and the realities of government in light of new developments.
Book Synopsis Data Protection in the Internet by : Dário Moura Vicente
Download or read book Data Protection in the Internet written by Dário Moura Vicente and published by Springer Nature. This book was released on 2019-12-01 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies and explains the different national approaches to data protection – the legal regulation of the collection, storage, transmission and use of information concerning identified or identifiable individuals – and determines the extent to which they could be harmonised in the foreseeable future. In recent years, data protection has become a major concern in many countries, as well as at supranational and international levels. In fact, the emergence of computing technologies that allow lower-cost processing of increasing amounts of information, associated with the advent and exponential use of the Internet and other communication networks and the widespread liberalization of the trans-border flow of information have enabled the large-scale collection and processing of personal data, not only for scientific or commercial uses, but also for political uses. A growing number of governmental and private organizations now possess and use data processing in order to determine, predict and influence individual behavior in all fields of human activity. This inevitably entails new risks, from the perspective of individual privacy, but also other fundamental rights, such as the right not to be discriminated against, fair competition between commercial enterprises and the proper functioning of democratic institutions. These phenomena have not been ignored from a legal point of view: at the national, supranational and international levels, an increasing number of regulatory instruments – including the European Union’s General Data Protection Regulation applicable as of 25 May 2018 – have been adopted with the purpose of preventing personal data misuse. Nevertheless, distinct national approaches still prevail in this domain, notably those that separate the comprehensive and detailed protective rules adopted in Europe since the 1995 Directive on the processing of personal data from the more fragmented and liberal attitude of American courts and legislators in this respect. In a globalized world, in which personal data can instantly circulate and be used simultaneously in communications networks that are ubiquitous by nature, these different national and regional approaches are a major source of legal conflict.
Book Synopsis Courts and Comparative Law by : Mads Tønnesson Andenæs
Download or read book Courts and Comparative Law written by Mads Tønnesson Andenæs and published by Oxford University Press, USA. This book was released on 2015 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical analysis of the use of comparative and foreign law by courts across the globe, this book provides an inclusive, coherent, and practical analysis of comparative reasoning in the forensic process.
Download or read book Actas: Diálogo compilação written by and published by . This book was released on 1985 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Islam in the Indian Subcontinent by : Annemarie Schimmel
Download or read book Islam in the Indian Subcontinent written by Annemarie Schimmel and published by BRILL. This book was released on 2022-02-22 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt:
